The main legal systems of the present and their specificity

The legal system is an integral unity of various legal phenomena and relations between them. It is the normative basis for the type of law that dominates the given territory. Depending on the scope and scale, such systems are divided into national ones and deriving from certain historical traditions. The national order in the field of laws and regulations has a specific character characteristic of a particular country or small region. Several such forms of law, connected by sustainable customs and past, constitute the family.

The basic legal systems of our time are usually associated with the division of known legislative arrangements into four types (families). First of all, this is a romano-Germanic variety. For this kind of system, there is a certain and clear hierarchy of different legal forms. A huge role in the folding and consolidation of these forms is played by a person or a group of persons who establish laws. The system of legislation itself has clear distinctions, and each of its forms is a separate industry. This legal family is different in that, on the one hand, the constitutions and the provisions embodied in them are very important in it, and on the other - no less significant are the various acts specifying the norms laid down in the laws. This type of legal authority prevails in France, Germany, Italy and other countries that have adopted the system of Roman or German law, and it is usually considered to be classical.

In turn, one of the most interesting legislative families is the Anglo-Saxon one. Almost all of the basic legal systems of our time, which have enshrined human rights in their constitutions, are trying to orient themselves on this in this regard. Here, in the folding of the law and its main species, the court is of decisive importance, and the norms themselves are often formed during the debate of the parties and take the force of action after judicial decisions. Moreover, the creation of law is carried out by the so-called judicial precedent, since after the judges formulate the concepts and rules of a particular case and fix them in a decision, these norms become valid in any similar case.

The case law, which is the foundation of the Anglo-Saxon family, is not its only characteristic feature. The basic legal systems of our time in their classical form establish a significant difference between private and public law, but in the Anglo-Saxon version of the set of legal norms such a separation is practically absent. Moreover, the boundaries between the branches of law themselves are very blurred, and these varieties are not codified. This leads to the fact that the entire legislative system is dominated by the rules that determine the process of judicial proceedings, and it is from them that the order is governed by which the state regulates various relations in society. This legal order was adopted in the UK and its former colonies - the US, Australia, Canada.

The basic legal systems of our time include quite old legislative families, such as religious and traditional ones. The first of them derives legal norms and rules from certain sacred texts, which are interpreted by theologians. On the one hand, such a device of law is difficult to develop, because it is often believed that the data above the prescription can not be changed. On the other hand, different interpretations of theological terms, in turn, can lead to different semantic content of the same legal concepts. This right is often based on certain duties of a person before God and is connected with moral requirements, but recently it has more and more absorbed the elements of human rights and freedoms. Just like in the Anglo-Saxon system, there is no division between private and public legal powers. This type of law is characteristic of many Muslim countries.

The concept of the legal system extends to the traditional family, where a set of customs, prohibitions and regulations that have long been practiced in a given region or locality prevail. In China, Japan, many African countries, such norms are dominant, despite the fact that many of them have never been recorded. A distinctive feature of such a system is that the state recognizes these traditions as compulsory, and their sources can be not only moral and religious, but also mythological representations. This is one of the oldest integral legal types that have survived to our time.